New Mexico Register / Volume XXX, Issue 3 / February 12, 2019

NOTICE OF PROPOSED RULEMAKING

NOTICE IS HEREBY GIVEN that the Superintendent of Insurance ("Superintendent”) upon the Superintendent's own motion, and proceeding pursuant to the New Mexico Insurance Code, Section 59A-l -1 et seq. NMSA 1978 ("Insurance Code"), proposes to adopt a new rules, 13.1.4 NMAC “Public Rule Hearings”, 13.1.5 NMAC “ Formal Administrative Hearings”, and 13.1.6 NMAC “Informal Administrative Hearings”.

The purpose of these rules are to provide procedural rules for public rule hearings and to provide general hearing practice rules for hearings before the OSI.

Statutory authority for promulgation of the proposed new rules is found at Sections 14-4-5.8 NMSA 1978, 59A-2-9 NMSA 1978 and 1.24.25.8 NMAC.

The proposed new rules may be found on the OSI website at http://www.osi.state.nm.us under the “Statutes & Rulemaking” tab and is incorporated by reference into this Notice of Proposed Rulemaking. Copies of the Notice of Proposed Rulemaking and proposed rules are available by electronic download from the OSI website or the New Mexico Sunshine portal, or by requesting a copy in person at the NM Office of Superintendent of Insurance, 1120 Paseo de Peralta, Santa Fe, NM 87501.

OSI will hold public hearings on the proposed rules on April 12, 2019 beginning at 10:00 a.m. and the rules will be addressed consecutively, at the NM Office of Superintendent of Insurance, 4th Floor Hearing Room, Old PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico. The Superintendent or his designee shall act as the hearing officer for this rulemaking. OSI will accept oral comments at the public hearing from members of the public and any interested parties including, but not limited to OSI staff.

Written comments and proposals will be accepted through 4:00 pm on Friday, March 29, 2019. Response comments will be accepted through 4:00 pm on April 19, 2019. Comments may be submitted via email to mariano.romero@state.nm.us or may be filed by sending original copies to:

OSI Records and Docketing, NM Office of Superintendent of Insurance

Attention: Mariano Romero, Room 331

1120 Paseo de Peralta, P.O. Box 1689, Santa Fe, NM 87504-1689

Docket No.: 19-00003-RULE-PC “Public Rule Hearings”

Docket No.: 19-00005-RULE-PC “Formal Administrative Hearings”

Docket No.: 19-00006-RULE-PC “Informal Administrative Hearings”

Only signed statements, proposals or comments will be accepted. Scanned or facsimile signatures or electronic signatures conforming to federal and state court requirements will be accepted with the understanding that if there is any dispute regarding a signature, OSI reserves the right to require that original signatures be provided to verify the electronic or facsimile signature. All filings must be received between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except on state holidays. Any filings received after 4:00 p.m. will be filed to the docket the next business day.

Any person with a disability requiring special assistance in order to participate in the hearing should contact Melissa Martinez, Law Clerk, Office of General Counsel, at 505-476-0333 at least 48 hours prior to the commencement of the hearing.

The Superintendent will consider all oral comments, and will review all timely submitted written comments and responses. The record shall close on the earlier of thirty (30) days following the Public Hearing or the date a Final Order is issued in this case.

DONE AND ORDERED this 12th day of February 2019.

/S/JOHN G. FRANCHINI